Beruflich Dokumente
Kultur Dokumente
TATT 2/1/1/1/3
Table of Contents
Table of Contents ............................................................................................................................ 2
Maintenance History ....................................................................................................................... 4
1
Introduction............................................................................................................................. 5
1.1
1.2
1.3
1.4
1.5
2
2.1
The Licensing Regime of Trinidad and Tobago Prior to the Act ..................... 10
2.2
Telecommunications and Broadcasting Networks and Services in Trinidad and
Tobago .......................................................................................................................... 12
3
3.1
Traditional Approaches..................................................................................... 14
3.1.1
Individual Licences................................................................................... 14
3.1.2
Class Licences........................................................................................... 14
3.1.3
Open Entry ................................................................................................ 15
3.2
Convergence and its Regulatory Effects........................................................... 15
3.3
Technology and Service Neutrality .................................................................. 17
4
The Authoritys Classification of Concessions and Licences for the New Regime ............. 18
4.1
Classification of Concessions ........................................................................... 18
4.1.1
Concession Classifications........................................................................ 19
4.1.2
Application of Service-Neutrality to Concessions.................................... 21
4.1.3
Domestic Fixed Telecommunications Networks ...................................... 21
4.1.4
Domestic Mobile Telecommunications Networks.................................... 22
4.1.5
International Telecommunications Networks ........................................... 23
4.1.6
Provision of Broadcasting Services .......................................................... 24
4.1.7
Provision of Public Telecommunications Services................................... 24
4.2
Classification of Licences ................................................................................. 26
4.3
Geographic and Coverage Considerations........................................................ 29
5
5.1
Methods of Authorisation ................................................................................. 33
5.1.1
Review and Modification of Authorisation Methods ............................... 38
5.1.2
Evaluation of Applications for Concessions and Licences....................... 39
5.1.3
Renewals and Treatment of Existing Network Operators and Service
Providers 40
5.2
The Application Process for Concessions and Licences................................... 42
5.3
Methods of Application for Concessions/ Licences ......................................... 43
5.3.1
General Application .................................................................................. 43
5.3.2
Response to an Invitation by the Authority to Participate in a Competitive
Selection Process ...................................................................................................... 43
5.4
7.1
Fees for Concessions and Licences................................................................... 49
7.1.1
Concession Fees........................................................................................ 49
7.1.2
Licence Fees.............................................................................................. 50
7.2
Periods for Concessions and Licences.............................................................. 51
7.2.1
Use or Lose Periods................................................................................ 51
7.3
Renewals ........................................................................................................... 52
7.4
Amendments, Additional Authorisations and Surrender of Existing
Authorisations ............................................................................................................... 53
7.5
Trading of Concessions and Licences, Change of Control, Disposal of Assets54
7.6
Transmitter Sites ............................................................................................... 56
7.7
Rights of Way ................................................................................................... 58
7.8
Dominant Providers .......................................................................................... 59
7.9
Structure of Concession Document .................................................................. 60
7.10 Structure of Licence Document ........................................................................ 61
Bibliography.................................................................................................................................. 62
Legal References........................................................................................................... 63
ANNEX I: Decisions on Recommendations ................................................................................. 64
Maintenance History
Date
Change Details
Version
Initial Draft
0.1
0.2
Minor changes
0.3
September
2005
November
2005
1 Introduction
As the Government of Trinidad & Tobago continues in its drive to liberalise the
telecommunications sector, it is important that a proper regulatory framework is established
to facilitate both the transition to and maintenance of a market driven sector. Prior to July 1st
2004, the regulatory framework for the telecommunications sector was established by the
Wireless Telegraphy Ordinance 1936, the Telephone Act 1968 and the Regulated
Industries Commission Act (RIC) 1998. The Government recognised that the existing
legislation did not adequately deal with the regulatory needs of a rapidly evolving
telecommunications sector, and established the Telecommunications Authority of
Trinidad and Tobago (the Authority) by the Telecommunications Act, 2001 (as
amended the Act) as the independent regulatory body of the telecommunications and
broadcasting sectors. The Act was fully promulgated on July 1st 2004.
1.1
The authorisation process, or the licensing process as it has been traditionally known,
provides the means of managing both entry into the telecommunications and broadcasting
markets and the behaviour of telecommunications and broadcasting service providers once
they have entered the market. In the context of regulation, licence is the term generally
used to refer to a legal instrument granted or approved by a regulator or another government
authority that defines the rights and obligations of licensees. Sections 21 and 36 of the Act
prescribe two types of instruments for authorising telecommunications and broadcasting
operators to provide networks and/ or services under the new regime in Trinidad and
Tobago:
1. A concession is granted by the Minister to authorise the operation of a public
telecommunications network (Section 21) and/or the provision of any public
telecommunications service or broadcasting service. An application for a concession must be
submitted to, and evaluated by, the Authority before a recommendation is made to the
Minister to grant the concession.
2. A licence is granted by the Authority to authorise the operation or use of any
radiocommunication service or any radiotransmitting equipment, including that on board
any ship, aircraft or other vessel in the territorial waters or airspace of Trinidad and Tobago,
(Section 36) 1 . Where the operation of a public telecommunications network or the provision
of a public telecommunications or broadcasting service requires use of spectrum, the
required licence applications will be processed as part of the concession application. Where
radio transmitting equipment is used for a private or closed-user group 2 communication
service, licences are required for the radio transmitting equipment employed. A concession
however is not required.
The requirements under the Act for concessions and licences can be summarised at Table 1:
Table 1
Concessions
Licences
A licence is not required for any radio-communication service on board any ship of war, or military
aircraft or satellite registered in Trinidad and Tobago.
2
Defined in the Act as a group of persons, who have a common business or other economic interest other
than the provision of a telecommunications service.
1.2
Framework Objectives
The primary purpose of this framework is to set out the guidelines and processes in respect
of the authorisation of telecommunications networks, telecommunications services and
broadcasting services. Authorisation in this context refers to the granting of concessions or
licences as defined by the Act. In addition, this document will guide the preparation of any
legal instrument that will govern the authorisation process.
1.3
Modification to Document
Questions or concerns regarding this document may be directed to the Policy, Pricing and
Research Department of the Authority (policy@tatt.org.tt).
1.4
The Authority sought, in accordance with its Procedures for Consultation in the
Telecommunications Sector of Trinidad and Tobago (http://www.tatt.org.tt/pfc-m.html), the
views of the general public and industry stakeholders on the first and second drafts of this
document. The document has been revised with considerations to the comments and
recommendations made in the second consultation phase (Refer to Annex I for the Decisions
on Recommendations matrix (DOR)).
1.5
The following documents are under development by the Authority, to address specific issues
relevant to concessionaires and licensees:
Competition Policy
Drafts of some of these documents have already been published by the Authority for
consultation with the public and stakeholders. Others are currently being drafted by the
Authority.
2 Par tial
Analysis
of
Trinidad
an d
Tobagos
Telecommunications and Broadcasting Industries
The Licensing Regime of Trinidad and Tobago Prior to the Act
2.1
Prior to the promulgation of the Act, the regulatory framework for the telecommunications
sector was guided by the Wireless Telegraphy Ordinance 1936, the Telephone Act 1968
and the Regulated Industries Commission Act (RIC) 1998.
The Telephone Act 1968 empowered the Trinidad and Tobago Telephone Company (now
the Telecommunications Services of Trinidad and Tobago (TSTT)) with the exclusive right
to operate a telephone system and to provide a telephone service to the public. However,
where TSTT used radio transmitting equipment in providing their telephone service (e.g.
mobile cellular services), the company was required to apply for the relevant licence under
the Wireless Telegraphy Ordinance. The rate structure of the company was also regulated as
a public utilities company under the RIC Act.
Under the Wireless Telegraphy Ordinance of 1936 (the Ordinance), a licence was required to
install, operate, sell or deal in, wireless apparatus. A special licence was also required to
provide a public telecommunications or broadcasting service. The special licence detailed the
terms and conditions applicable to the equipment and spectrum used in the provision of the
services specified. The Minister responsible for telecommunications, through the
Telecommunications Division, was also responsible for granting licences and for the
management of spectrum resources.
10
Aeronautical Radio
Maritime Radio
VSAT
Satellite Earth and Space Stations
Broadcast Stations
Apparatus licences were renewable annually.
5. A Special Licence to authorise the provision of certain services e.g. Free to Air Radio
and TV, Cable TV and Satellite Broadcasting Services.
The Ordinance was applicable to the limited services of its era, and became obsolete with the
evolution of technology and the introduction of new services over time.
The management of the sector was seriously challenged by a lack of human and physical
resources in the Telecommunications Division which were fundamental for thorough
evaluation of licence applications and efficient assignment and monitoring of spectrum.
These constraints resulted in:
11
the emergence of anticompetitive behaviour in the wired cable TV sector with the
2.2
Telecommunications and Broadcasting Networks and Services in
Trinidad and Tobago
In determining the most appropriate approach to classifying networks and services in
Trinidad and Tobago for the purposes of granting concessions and licences, the Authority
gathered information from various stakeholders on the different types of telecommunications
and broadcasting networks, and the types of services that can be offered on those networks.
In particular, the Authority has considered the emergence of new and often unlicensed
service providers who use alternative means to provide competing services to consumers,
often at more affordable rates than those provided by established service providers. Although
this framework seeks to minimise market entry barriers for entrepreneurs, and encourages the
introduction of a variety of competing services to consumers, it is also intended to ensure
that all services are provided in a fair manner and are subject to comparable and fair
regulation.
Figure 1 illustrates examples of the types of networks and services that may exist in the
evolving telecommunications and broadcasting sectors, which will require concessions and/
or licences.
12
Figure 1
13
3.1
Traditional Approaches
There have been three (3) broad approaches to authorising telecommunications globally,
and many countries have employed more than one approach within the same regime:
1.
2.
3.
3.1.1
Individual Licences
An individual licence is generally a customised and detailed licence, where the regulator
requires that a service is provided in a particular manner by a particular service provider.
It has typically been used where a scarce resource such as spectrum is required, or where
the regulator decides to limit the number of providers in a particular service market.
Individual licences are often granted through a competitive selection process. In some
countries, e.g. Australia, this method has been used to licence network/ facilities-based
providers only.
3.1.2
Class Licences
A class licence normally sets out rights, obligations and other regulatory provisions of
general application to a particular class of services. Services within the identified class
are subject to the same general conditions, which are typically published by the
regulator. These licences are generally granted via a non-competitive selection process,
provided that the entities are suitably qualified to provide the class of services or
facilities. Parties seeking class licences usually face a much less onerous process than
14
those seeking individual licences. In Australia, service providers who do not own or
operate networks are class licensed.
3.1.3
Open Entry
3.2
Provision of data, image, voice and video services over a single transmission
technology or infrastructure;
providers (e.g. Internet access over cable TV, telephone, or even electrical power
networks);
Substitution of mobile service for fixed service, creating a converged voice service
market; and
For the consumer, bundling of services and the capabilities of a converged network can
offer the convenience of dealing with a single supplier i.e. no separate billing for cable
TV, telephone and Internet (video, voice and data) services.
15
When governments first started liberalising their telecommunications markets, they often
did so on a restrictive basis. Many governments introduced competition on a service-byservice basis, so as to reduce the investment burden on new entrants and permit
regulators and established operators to adjust practices developed in a monopoly
environment before the introduction of unrestricted competition. Often this meant that
competition was first permitted in cellular mobile or Internet access service markets.
The regulatory framework, in general, should be flexible to ensure that it does not create
barriers to entry or impair competition in converged markets. In addition, matters such as
interconnection, quality of service, consumer rights and fair competition are increasingly
being addressed in regulations of general application and do not need to be addressed as
detailed provisions in individual licences.
3
Examples of jurisdictions that have moved to more flexible authorisation and converged industry
authorisation schemes are the member countries of the European Union, India, Malaysia and
Singapore. A further discussion of these developments is provided by the ITU publication Trends in
Telecommunications Reform 2004: Licensing in an Era of Convergence.
16
3.3
A technology neutral authorisation means that the network operator or service provider is
not limited to a specific technology or equipment configuration in the provision of
services to the consumer. This gives the provider the option of choosing the most
suitable technology that would provide the most efficient and affordable service. 4
In addition to technological neutrality, service neutral authorisations permit network
operators to determine their service offerings based on market demand and cost
effectiveness and do not prescribe or limit the services that can be provided on an
authorised network.
Spectrum management practices can have a significant effect on the objective of having technology
neutral licences. See the Authoritys statement of Spectrum Management Policy for a full discussion of
spectrum management issues and their effect on spectrum licensing.
17
4.1
Classification of Concessions
Section 18(1)(b)
Broadcasting services; or
18
4.1.1
Concession Classifications
2. A public telecommunications network can be, but not limited to, any of the following
as determined by the Authority in accordance with the Act:
19
20
4.1.2
The concept of service-neutrality will only apply to Type 2 and Type 3 concessions,
which authorise the concessionaire to provide any telecommunications service that can
be provided on the relevant network. The concept of service neutrality for Type 2 and
Type 3 concessions does not extend to broadcasting services, since an authorisation to
provide a broadcasting service will demand separate eligibility criteria, and thereby
require a different concession (Type 5).
Type 4 and Type 5 concessions will only authorise specific services as indicated by the
concessionaire in the application.
4.1.3
21
Currently in Trinidad and Tobago, there are two major domestic fixed
telecommunications network operators. TSTT provides predominantly voice and data
services on its public switched telecommunications network (PSTN), while the Trinidad
and Tobago Trans-Cable Company (currently known as CCTT) provides cable TV
services on its cable network. Convergence of technologies enables the provision of
broadband voice, data and video services on either of these traditional networks.
4.1.4
22
4.1.5
Entities that will require and be eligible for network-based concessions to operate an
INTN, regardless of the type of traffic carried on the network (voice, data, etc.) or the
technology employed, will include owners and operators of international facilities (fibre
optic cable systems, earth stations ,VSAT, etc.).
There are different forms of business models that exist for international operators, since
their network resources may be aquired in a number of ways, including:
A domestic network-based concessionaire who interconnects to an international networkbased concessionaire, in order to hand-off traffic and thereby connect end users to an
international network, will only require a concession to operate a domestic network.
Similarly, an international network-based concessionaire who interconnects, or provides
access, to a domestic network-based concessionaire for the purpose of delivering
incoming calls to the domestic network, or for carrying domestic traffic between
domestic networks on behalf of domestic concessionaires, will only require a concession
to operate an international network.
23
4.1.6
As defined in the Act, a broadcasting service means the offering of the transmission of
programmes, whether or not encrypted, by any means of telecommunications for
reception by the general public, including sound, radio, television and other types of
transmissions.
Free-to-Air
- FM, AM or short wave radio;
- VHF and UHF television;
Subscription-Based Broadcasters
- Direct to Home (DTH) satellite TV;
- Cable TV 7 ; and
- Interactive Video/ TV.
Any provider of broadcasting services shall be required, under its concession, to comply
with any Broadcasting Code or relevant regulations in force from time to time. Such
regulations may include the requirement for broadcasters to maintain records and to
provide information regarding programmes in accordance with the terms and conditions
of the concession.
4.1.7
Wired and Wireless Cable TV providers who own and operate their networks will also require a Type 1
or Type 2 network-based concession to operate a Domestic Fixed Telecommunications Network.
24
communicate with any other user in real time, regardless of the technology used to
provide such a service. The Act requires that providers of public telecommunications
services obtain a concession, regardless of whether they own or operate a public
telecommunications network.
Internet services
A service provider who does not own or operate a physical network, but who
uses the facilities of another network provider.
There are various models of service providers that do not own or operate a physical
network, which may include:
An entity that acts as an agent for the network operator. In this case, the network
operator is still responsible for activation of the service and billing of the consumer.
This agent does not provide services in his own capacity and therefore does not
require a concession.
An entity that does not own a physical network, but gives the appearance to the
consumer as doing so. Such an entity is capable of providing multiple services ( e.g.
data, image, voice, video) over a single transmission medium that has been leased or
otherwise obtained from an authorised network operator. This entity is considered as
a virtual network operator and will require a Type 3 service-based concession.
25
The Spectrum Management Policy defines three types of licences that may be granted by
the Authority:
1. A spectrum licence, which authorises the licensee to operate radiocommunication
systems within a specified frequency band on a technology neutral basis.
Flexibility will be provided on the range of services which can be provided
within the given frequency band. Systems for which a spectrum licence will be
required include the following:
a. Public mobile radio systems
b. Private mobile radio systems
26
2. A station licence, which authorises the licensee to operate the specified station in
accordance with technical parameters determined by the Authority, which may
include: antenna characteristics, transmitter power, polarisation, frequency, and
modulation techniques. A station licence will be required in respect of the
following systems:
a. Amateur stations
b. Maritime stations
c. Satellite stations
d. Broadcast stations
e. General radiocommunication stations
f. Aeronautical stations
g. Citizen Band (CB) stations
h. Stations for special events
i. Stations for test and development purposes
27
Spectrum Licence
Station Licence
Class Licence
2. Due to the nature of equipment that requires a class licence, the Authority shall adopt
an authorisation process that imposes minimal burdens on itself and users of such
equipment. The Authority shall publish a list of radio-transmitting equipment that
requires authorization by a class licence, and shall update this list as it deems necessary.
28
In the past, licences were granted to community broadcasters who targeted particular
geographic areas (including Tobago). In those licences, the community was defined as
the area within a specified radius from the transmitter site.
The Authority shall encourage the build-out of all types of networks, in particular those
reaching under-served communities. Incentives for service expansion by network
operators and service providers to under-served communities will be detailed in the
Universality Policy, which will include at a minimum:
The ability to access the Universality Fund to help offset any large capital
investments required;
A temporary waiver or reduction of licence fees for the wireless parts of their
networks in under-served communities and un-economic areas.
29
2. A major territorial network/ service provider will have the right to provide its network
and /or service to 100% of the geographical area of the island of Trinidad.
3. A minor territorial network/ service provider will have the right to provide its network
and/ or service to 100% of the geographical area of the island of Tobago.
4. A niche network/ service provider will have the right to provide its services to specific
groups of subscribers identified by the Authority in either island of Trinidad or Tobago.
These specific groups may include: underserved communities or specific market defined
groups. Under-served communities may include rural communities, communities in
topographically challenged areas and subscriber populations that have special needs,
and shall be designated by the Authority as it deems appropriate. The Authority shall
maintain and publish a list of subscriber communities that are categorised as underserved communities.
6. The Radio Spectrum Regulations shall prescribe the technical obligations of licensees
to ensure that harmful interference is not generated by their radiocommunication
equipment or systems where spectrum has been licensed on a geographically limited
basis. These obligations will include, at a minimum, the maximum power level at the
30
service boundary. The Authority will identify re-usable frequencies in the applicable
spectrum plans.
Table 2 summarises the geographic categories that will be applicable to the different
types of network-based and service-based concessions.
Table 2 Applicability of Geographic Categories to Concession Classifications
Concession Type
National
Major Territorial
Minor Territorial
Niche
National
National
Major Territorial
Minor Territorial
Niche
31
The Authority will consider applications for concessions and the relevant licences for:
Existing public network operators and/ or service providers who may or may not
have been regulated or licensed under the old regime; and
The authorisation method adopted by the Authority for recommending the award of
concessions will be based on a number of factors, including:
The authorisation method adopted by the Authority for spectrum and station licences will
be based on a number of factors, including:
The application procedures that will be applicable per concession/ licence category will
be determined by the authorisation method adopted by the Authority for the respective
category.
32
Authorisation
Description/
Applicable
Method
Circumstances
Served (FCFS)
requirements be satisfied.
number
concessions
of
to
be
competitive or
economically desirable
markets.
Disadvantages:
Successful applicants may not be the
entities that would most economically
value the authorisation.
Comparative
Evaluation
Beauty Contest)
33
When
spectrum
demand
or
for
other
Authorisation
Description/
Applicable
Method
Circumstances
supply, or there is a
of concessions to be
granted.
Business
Plan
(marketing
to
which
there
is
regional
involvement
Commitment to social objectives
Financial backing
Advantages:
Ensures that the successful applicant will
make best use of the opportunity: socially,
financially and technically
Keeps spectrum costs low compared to an
auction ensuring lower service prices for
consumers
Enables policy makers to utilise subjective
requirements in the evaluation process to
34
Authorisation
Description/
Applicable
Method
Circumstances
countries
if
experienced
35
Involves a random selection from a pool of qualified May be used when there
applicants.
Advantages:
Authorisation
Description/
Applicable
Method
Circumstances
to be granted.
preceded
by
to
ensure
demand
for
or
other
there
simultaneous
limitation
Advantages:
concessions
is
a
on
to
be
preceded
by
comparative evaluation
to
ensure
Excess revenues generated can be used by process
the government to fulfil universality and technical and financial
other social objectives.
Discourages spectrum hoarding.
Disadvantages:
36
viability of applicants.
Authorisation
Description/
Applicable
Method
Circumstances
37
2. Where the Authority determines that there shall be no limit on the number of providers
in a particular market category, or where the available spectrum resources exceed
demand, a First-Come First Served award method will be adopted, subject to the
applicant meeting the evaluation criteria set out by the Authority in respect of the
relevant concession/ licence.
3. The Authority shall develop appropriate evaluation criteria and associated weightings
in a transparent and open manner, and shall ensure that applications are evaluated in a
fair and objective manner and in accordance with the applicable criteria and weightings.
4. The Authority will put in place fair and transparent procedures for dealing with
unsuccessful applicants in any authorization process.
5.1.1
The Authority may determine from time to time to adopt different methods to
recommend the award of concessions, or grant licences, as the market changes and the
demand for services or resources vary accordingly.
38
5.1.2
The criteria for evaluating applications for concessions and the associated spectrum or
station licences may include, but may not be limited to:
Financial viability;
Risk assessment;
Marketing strategies;
Pricing strategies.
The criteria for evaluating applications for spectrum and station licences not associated
with the provision of a public telecommunications service may include, but may not be
limited to:
39
Financial viability;
5.1.3
Providers
The categories of existing network operators, service providers and users of radio
transmitting equipment for whom the Authority may recommend the award of
concessions or to whom the Authority may grant licences, before their current
transitional authorisations expire, are:
1. Those who were not regulated under the Wireless Telegraphy Ordinance (e.g.
Internet Service Providers (ISPs), International Call Centre/ Calling Card
Operators (ICCs)); and
2. Those who were licensed under the Wireless Telegraphy Ordinance or Telephone
Act (e.g. TSTT, cable TV providers; broadcasters; private/ closed-user group
network operators).
Existing network operators and service providers who were unlicensed under the
previous legislation, and who wish to continue operating, are required to apply for
concessions and licences in accordance with the relevant application procedures, and the
evaluation criteria will be consistent with those outlined in Section 5.1.2 above, in
addition to:
Existing operators and providers who were licensed under previous legislation, are also
required to apply for concessions and licences in accordance with the relevant
application procedures, and will be evaluated on consideration of criteria, which may
include the following:
40
Proposed service offerings and marketing strategies for the new term
(applicable to concessions only);
Section 31 and 39 (8) of the Act prescribe that for the renewal of any concession and
licence respectively granted for the first time under the Act, the Minister shall, on the
recommendation of the Authority, or the Authority (in the case of licences) shall renew
that concession/ licence unless the concessionaire/ licensee:
failed to operate within the terms and conditions of the first concession/
licence;
Renewal applications for concessions and licences (with the exception of the first
renewal) under the Act will be evaluated on consideration of criteria, which may include
the following:
The conditions prescribed in Sections 31 and 39(8) of the Act for first
renewals
Proposed service offerings and marketing strategies for the new term
(applicable to concessions only);
41
Application procedures will vary depending on the service or network to be provided, the
band of spectrum to be utilised, and the authorisation method adopted by the Authority
for the particular classification.
The Application Procedures for Concessions and Licences will address, at minimum, the
following:
the categories of services and networks for which concessions/ licences will be
granted;
the time period within which the application will be processed by the Authority
in accordance with the provisions of the Act;
42
renewals;
amendments;
withdrawal of applications;
confidentiality; and
conflict of interest.
5.3.1
General Application
Where the Authority determines that a First Come First Served method will be used to
recommend the award of a concession or grant a licence, a general application form will
be available at the Authoritys office.
The form will require the applicant to provide the information and materials to be used
for evaluating the application. For concessions where the use of radio-transmitting
equipment is required, the concession application form will indicate the relevant licence
application form that should be attached.
5.3.2
Where competition is introduced for the first time in highly profitable markets, where
there is demand for spectrum or other resources that may be limited, or where there is a
need to limit the entry of providers in a particular market, the Authority shall publicly
issue requests for proposals (RFPs) to invite interested parties to participate in a
competitive selection process for the relevant concession(s) and/ or licence(s).
The RFP issued by the Authority will include all specific instructions and details
particular to the process to be adopted by the Authority for that concession/ licence, and
the criteria and associated weightings to be used in the evaluation process.
43
44
For the purposes of Sections 18, 32, 45 and 48, the Authority will adopt internationally
recognised standards in the development of National Telecommunications and
Broadcasting Standards. These standards will be published on the website maintained
by the Authority and may be modified as the Authority deems appropriate from time to
time.
The Authority will collaborate with the Trinidad and Tobago Bureau of Standards
(TTBS), the Environmental Management Agency (EMA) and other relevant agencies in
the development and maintenance of the National Telecommunications and
Broadcasting Standards. The TTBS may be called on by the Authority to perform
metrology and calibration functions on its behalf for the purposes of certifying
telecommunications and broadcasting equipment.
The Authority will consult with the EMA in prescribing environmental, health and safety
standards for electromagnetic radiation and emissions.
45
telecommunications equipment;
telecommunications equipment;
46
The Act also prescribes conditions with respect to interconnection, universal service,
quality of service obligations, price regulation, consumer relations and other provisions
for which polices and regulations are to be developed.
Accordingly, the authorisation framework includes terms and conditions contained in the
specific concessions or licences, and regulations and procedures promulgated or
recommended by the Authority from time to time. Concessionaires and licensees are
required to comply with the terms and conditions of their concessions and licences as
well as any applicable regulations or procedures.
This document describes many of the general terms and conditions that apply to both
concessions and licences. The specific rights and obligations of the different types of
licences are addressed in the Radio Spectrum Regulations. Table 4 outlines additional
rights and obligations of concessionaires which are the subject of regulations or
management plans.
47
Applicable Concession
Types
All
1, 2, 3, 4
Quality of Service
All
1, 2, 3
Broadcast Code
1, 2, 3, 4
1, 2, 5
Access to Facilities
48
the financial viability and profitability of concessionaires and licensees are not
jeopardised; and
7.1.1
Concession Fees
The concession fee structure developed by the Authority will include the following
features:
See the Authoritys Fee Structure: Concessions and Licences for the provision of
telecommunications and broadcasting resources (networks and services) in Trinidad and Tobago for a
more detailed methodology for the calculation of fees.
49
7.1.2
Licence Fees
As mentioned in Section 5, the method adopted for awarding a particular licence will
depend on whether the availability of the resource is greater or less than the demand.
Similarly, in setting fees for the use of spectrum the Authority will take into
consideration the scarcity, and the economic value, of the resource.
In a competitive selection process, including where the auction method is adopted by the
Authority, the licence fee shall be determined by the wining bid arising out of the
process.
A licence fee, where a competitive selection process does not set its value, shall be based
on a relative contribution towards the costs incurred by the Authority in managing the
spectrum resource, in addition to a fee which represents the value of the resource in
relation to spectrum auctioned in a similar band. The contribution applicable to a
particular licensee may be based on a combination of, but not limited to, any of the
following:
50
Table 5 shows the proposed periods for the different concession classes and the licences
associated with them.
Table 5
Concession Type
Network-Based
Type 1
Type 2
Service-Based
-
Type 3
Type 4
Type 5
characteristics)
Where a licence is not associated with a concession, the period of the licence shall be
determined by the type of radiocommunication licence and the application for which the
licence is granted.
7.2.1
The Authority recognises that in a competitive environment and where there is scarcity
of the relevant resources, an appropriate mechanism is necessary to ensure that
51
authorisations are utilised in a timely manner for the benefit of consumers and for the
public good.
7.3 Renewals
The criteria to be adopted by the Authority for renewals are outlined in Section 5.1.2.
An application for renewal of any authorisation should be submitted after two-thirds
(2/3) of the period of the authorisation has passed, but no less than six (6) months, prior
to its expiration. This period will provide sufficient time for the Authority, and if
necessary the Minister, to make a decision before the relevant authorisation expires. The
period will also provide sufficient time for the concessionaire / licensee to submit the
renewal application. Applications for the renewal of a concession must also be
accompanied by an application for the renewal of any associated licence(s) where
required.
If applicants fail to apply within the period specified, they risk failure to have their
concession and/or licence renewed before the expiration date. Operation of a network or
provision of a service without a valid concession or licence will constitute an offence
under the Act.
52
Statement on Renewals:
An application for renewal of any authorisation should be submitted after 2/3 the period
of the authorisation has passed, but no less than six (6) months, prior to its expiration.
force majeure
Therefore, this section provides guidelines on the processes that would apply in cases
that would otherwise warrant amendments to concessions or licences.
The modular concession document prepared by the Authority makes possible addition of
networks, network elements or services through the process of acquiring additional
authorisations, which will only require modifications to the appropriate schedule. The
Authority will put in place an application procedure for this purpose, which will not be as
onerous as the application procedure for a new concession. The extent of the evaluation
required will depend upon the nature of the change or service extension being proposed.
Holders of Type 1, Type 2 and Type 3 concessions are required to apply for
authorisations to own or operate additional networks (physical or virtual). These
concessions are service-neutral in respect of telecommunications services, and therefore
these concessionaires will not require an authorisation to provide additional
telecommunications services on the authorised network. These concessionaires are
required to notify the Authority of all telecommunications services provided. However,
53
Holders of Type 4 and Type 5 concessions are required to apply for concessions to
provide additional services (that are otherwise permitted by the Authority) to those
specified in their existing concessions.
Where new networks are added to any existing network-based concession, or new
services are added to any Type 4 or Type 5 service-based concession, the concession fees
and period may be adjusted to comply with the administration fees or periods otherwise
applicable to the relevant networks/ services. An additional authorisation is not required
for changes to networks as a result of network maintenance or upgrade.
54
public interest. In addition, concession obligations associated with specific users, such
as network roll-out requirements and public service broadcast commitments, must be
adhered to, to ensure that public access to the services is retained.
The Authority may determine that certain licences may not be traded based on
allocations in its spectrum plans. These may or may not include aeronautical and
maritime spectrum allocations, emergency, health and safety allocations, blocks assigned
to the national security services and other blocks that the Authority may deem
appropriate.
Concessions and licences shall not generally be traded within the obligatory use or
lose period of the concession/ licence agreement, since the new entity will have to be
eligible for the grant of the authorisation.
Statement on transfers and similar transactions:
1. All concessionaires and licensees will require the prior approval of the Authority for
any transfer of the concession/ licence, for any change of control of the concessionaire/
licensee and for any other form of agreement with a third party under which the third
party would obtain any rights or privileges under the concession/ licence, which would
normally require the grant of a concession to that party. The third-party must be an
entity that would have qualified to hold the concession or licence on first grant.
See the Authoritys draft Consumer Rights and Obligations Policy for the definition of basic
telecommunications services.
55
The requirement for approvals of network or service equipment does not apply where the
transfer or disposal of network/ service components is in the ordinary course of the
concessionaires maintenance, replacement or upgrading of such network or service.
This oversight shall include the review of all radiotransmitting equipment installations.
All licensees shall be required to provide updated records of all locations of licensed
transmitters, for all locations including primary or secondary/ repeater sites. This
information should include:
Height above ground level (AGL) and height above mean sea level (AMSL) of
all antennas;
Validation that the relevant health and safety precautions are met.
In addition, the Authority shall implement measures to support the Town and Country
Planning Divisions (TCPD) policy that seeks to minimise the negative effects of the
placement of dedicated structures for public telecommunications networks and services.
These measures will be designed to:
1. limit the number of such structures required by careful location planning and
sharing arrangements;
56
57
for
transmitter
sites
used
in
the
provision
of
public
These rights should be accompanied by rules for access, defining cost recovery or other
payments, requirements for public safety and convenience, environmental impacts etc.
58
The Authority is not responsible for granting nor is it empowered to grant such rights of
way and therefore concessionaires and licensees will need to apply to the relevant
Government body for permission. Generally, in respect of roads such rights are
administered by either the Highways Division (for major highways and roads) or the
Regional or City Corporation within which the roads are situated. Currently, the agencies
which have various rights of way include the Water and Sewerage Authority (WASA),
the Trinidad and Tobago Electricity Commissions (TTEC), TSTT and CCTT.
The Authority will, however, seek to facilitate the obtaining of such rights by
concessionaires and licensees to the extent truly needed and practicable. The Authority
will also seek to provide a procedure for concessionaires and licensees to share
information regarding any works being planned or undertaken so that other
concessionaires and licensees can coordinate their works wherever possible in order to
minimise disruption, and the need for each concessionaire or licensee to obtain separate
approvals.
59
7.9
The Authority has prepared a modular concession document, which sets out conditions
of general application to all concessionaires, followed by conditions and authorisations
specific to different types of networks and services. Accordingly, the following
concession structure will be adopted for concessions to be granted by the Minister upon
recommendations made by the Authority:
Table 6
Title of Concession
Concession for the
Operation of (DFTN/DMTN/INTN) Telecommunications Network(s)
and/ or
The Provision of (Telecommunications and/or Broadcasting) Services
Definitions
Section A:
General Conditions applicable to all concessionaires (Type 1, 2, 3, 4, 5).
Section B:
Conditions applicable to Network(s) specified in Schedule A.
This section will only apply to network-based concessions (Type 1, 2, 3).
Section C:
Conditions applicable to the Telecommunications Services specified in Schedule B.
This section will apply to network-based and service-based concessions (Type 2, 3, 4).
Section D:
Conditions applicable to the Broadcasting Services specified in Schedule C.
This section will apply to Type 5 service-based concessions.
Schedule A:
Telecommunications Networks
This schedule will list the networks to be operated by the concessionaire as authorised by the Minister, and applies only to
network-based concessions (Type 1, 2, 3).
Schedule B:
Telecommunications Services
This schedule lists the public telecommunications services to be offered by the concessionaire as authorised by the Minister. It
applies both to network-based and service-based concessions (Type 2, 3, 4).
Schedule C:
Broadcasting Services
This schedule lists any broadcasting services to be offered by the concessionaire as authorised by the Minister. It applies to
Type 5 service-based concessions.
60
7.10
The Authority has prepared a modular form of radiocommunication licence, to match the
modular concession, which sets out conditions of general application to all licensees,
followed by conditions and spectrum authorisations specific to different types of radio
communications networks and equipment. Accordingly, the following structure shall be
adopted for licences to be granted by the Authority:
Table 7
Title of Licence
(Private/ Public) Spectrum Licence
or
(Name of Station) Station Licence
Definitions
Section A:
General Conditions applicable to all licences.
Section B:
Conditions applicable to specific type of licence (spectrum, station or class)
Schedule A:
Technical Specifications
Schedule B:
Frequencies / Spectrum assigned to licensee
Schedule C:
Reference to concession (s) to which the licence is related, where applicable
61
Bibliography
Australian Communications Authority. (2004). ACA Carriers and Carriage Service
Providers.
Retrieved
January
10,
2005
from
http://internet.aca.gov.au/ACAINTER.65636:STANDARD:505958129:pc=PC_1622
Bogdan-Martin, D., Mendiluce, D., Alden, J., De La Torre, M., Dorward, L., Doyle, C.
and et al. (2004). Trends in Telecommunications Reform 2004/ 2005: Licensing in an
Era of Convergence. International Telecommunications Union.
Directive).
Retrieved
January
10,
2005
from
http://europa.eu.int/information_society/topics/telecoms/regulatory/new_rf/index_en.htm
Retrieved
January
10,
2005
from
http://www.ida.gov.sg/idaweb/pnr/infopage.jsp?infopagecategory=licensing:pnr&version
id=1&infopageid=I190
62
Legal References
Public Utilities Commission (PUC) Act. 1966. Laws of Trinidad and Tobago. Chap.
54:01.
Regulated Industries Commission Act. 1998. Laws of Trinidad and Tobago. Act. No. 26.
Telecommunications Act. 2001. Laws of Trinidad and Tobago. Act. No. 4. (as amended
by the Telecommunications (Amendment) Act 2004).
Trinidad and Tobago Telephone Act. 1968. Laws of Trinidad and Tobago. Chap. 47:30
(as amended by the Trinidad and Tobago Telephone (Amendment) Act 1990).
Wireless Telegraphy Ordinance. 1936. Laws of Trinidad and Tobago. Chap. 36:2
63
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AT
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Ts
Deecciissiioonnss
Section 1
1.1 The Authorization Regime
as prescribed by the Act
2. Where the operation of a
public
telecommunications
network or the provision of a
public telecommunications or
broadcasting service requires
use of radio-transmitting
equipment,
the
required
licences will be granted with
the applicable concession.
10
Existing service
and/ or facility
providers and
affiliates
(TSTT)
TSTT strongly recommends Noted. The statement has been rethat TATTs statements in worded to reflect Section 36(2) of the
this section be reworded to Act.
reflect the substantive of
Section 36(2) of the
Telecommunications Act.
Regional regulatory or Governmental agencies, Existing service and/ or network provider and affiliates, Potential service and/ or network providers and affiliates, Service/ Network Provider Associations/ Clubs/
Groups, General Public
64
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Section 2
2.1 The Licensing Regime of
Trinidad and Tobago Prior
to the Act.
The rate structure of the
company was also regulated as
a public utilities company
under the Public Utilities
Commission
(PUC)
Act
(Chap.54:01).
Existing service TSTT wishes to advise that it was never regulated under the Public Delete
and/ or facility Utilities Commission (PUC) Act (Chap. 54:01).
providers and
affiliates
(TSTT)
Existing service The use of Class Licence herein is at variance to the definitional
and/ or facility construct used for Class Licence under the Spectrum Management
providers and Policy Document (Page 46).
affiliates
(TSTT)
Section 3
TSTT recommends that the
definitional construct as
utilized for Class licence
under the Spectrum Policy
Further, if the Definitional construct as used in this document is Document should be utilized
utilized, then TATT is requiring all holders of devices requiring herein.
Class Licences to obtain TATTs approval. This is impractical and
administratively burdensome.
Section 4
4.1.1
65
Concession Existing service TSTT is having difficulty in understanding exactly the distinction TSTT
requests
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and/ or facility
providers and
affiliates
(TSTT)
clarification
on
the
distinction between the
virtual network and servicebased concession. TSTT
recommends that due to the
imprecision that exists
between
these
classifications, that they be
merged under the single
service provider category.
66
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Telecommunications
Networks
Para 4
Similarly, an international
network-based
concessionaireor for carrying
domestic traffic between
domestic networks on behalf of
domestic concessionaires, will
only require a concession to
and/ or facility
providers and
affiliates
(TSTT)
Existing service
and/ or facility
providers and
affiliates
(TSTT)
67
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68
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In the event of the above, TSTT requests that the Authority clarify
which type of service-based concession would apply to such an ISP
with its own facilities. TSTT draws to the Authoritys attention that
these parties can readily engage in the termination of incoming
international minutes into Trinidad and Tobago.
4.3 Geographic and Coverage Existing service TSTT draws to the Authoritys attention that under-served
and/ or facility communities may not necessarily represent uneconomic areas, as
Considerations
providers and such an area may be owned or inhabited by individuals that can
A temporary waiver or affiliates
afford service. Similarly, a served or unserved community can be
reduction of licence fees for the (TSTT)
uneconomic and would therefore require some form of investment
wireless partsin under-served
incentives to encourage network deployment
communities.
Statements
69
regarding Existing service TSTT notes that performance bonds are required for network roll
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and/ or facility out by new domestic providers, given that TSTT already has performance bonds be
providers and substantial national network coverage.
required of new entrants
affiliates
rather than providers that
(TSTT)
have already established
Table 2 Applicability of
Geographic Categories to
Concession Classifications
Telecommunications Services
(Type 4, Type5)
national coverage.
T
TA
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TT
Tss D
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Section 5
5.1 Statements on methods of
authorization:
1.
The Authority will adopt a
competitive selection process
such as where it determines
that there should be a limit to
the number of providers in the
market or where it determines
thatthose
services
are
70
Existing service
and/ or facility
providers and
affiliates
(TSTT)
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limited.
5.1.1
Review
and
Modification
of
Authorization Method
Statement on Modification of
authorization methods
5.1.3
Renewals
and
Treatment
of
Existing
Network Operators and
Service Providers
Existing service
and/ or facility
providers and
affiliates
(TSTT)
71
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5.1.3 Renewals
Potential
Requires specifics in terms of timelines for Authority to conclude
service and/ or its consideration and decide whether or not to renew well before
facility
the existing licences run out.
providers and
affiliates
(Digicel)
5.2 The Application Process Existing service TSTT draws to TATTs attention that the Act limits the mechanism
for concessions and Licences and/ or facility to be used for applying for a concession or licence to a method to
The Act does not limit the providers and be prescribed. In the interest of transparency, it is imperative that
affiliates
mechanism to be used
TATT indicates the prescribed method.
(TSTT)
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Include timelines
Section 7
7.5 Trading of Concessions Existing service TSTT draws to the Authoritys attention that the principle of
and Licences, Change of and/ or facility Dominance in the Telecommunications Act is applicable only to
providers and pricing (Section 29(8)). Therefore the provisions as articulated in
Control, Disposal of Assets
affiliates
this statement are either applicable to all providers or to none at all.
Statement on transfers and (TSTT)
similar transactions:
2. Where a concessionaire is
72
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73
Existing service TSTT notes that the Authority recognizes in its own document that TSTT suggests that the Neither the Authorisation Framework,
and/ or facility it does not have the power to mandate that only concessionaires legality of some of the nor the Position Paper on tower
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providers
affiliates
(TSTT)
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and should be allowed to erect telecommunications structures. TSTT provisions of the position approvals indicates that TATT is
suggests that similarly, TATT cannot mandate that only towers being adopted by the
owned or controlled by concessionaires can be erected. However, Authority may need to be
as TATT has defined requirements on non-concessionaires before reviewed.
TATT granting their approval to erect towers, TATT has seemingly
assumed the authority of tower approval over non-concessionaires.
Consequently, TSTT believes that some of the provisions of the
position adopted by the Authority may be considered unlawful.
74
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Existing service
and/ or facility
providers and
affiliates
(TSTT)
TSTT
suggests
that
notwithstanding the legality
of whether TATT can
mandate that only towers
owned or controlled by
concessionaires can be
constructed, the requirement
that TATT is seeking to
impose may be impractical,
and should be re-considered.
Existing service
and/ or facility
providers and
affiliates
(TSTT)
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providers and
affiliates
(TSTT)
76
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Noted.
77